MINUTES OF THE REGULAR

TOWN BOARD MEETING OF THE TOWN OF SARATOGA

12 SPRING ST., SCHUYLERVILLE, NY

 

March 14, 2016

7:00 P.M.

 

Supervisor Thomas Wood opened the meeting with the Pledge of Allegiance

at 7:00 p.m.

 

Roll call: Town Clerk Linda McCabe, called the roll.  Supervisor Thomas Wood- present, Councilman Charles Hanehan - present, Councilman Michael McLoughlin – present, Councilman James Jennings – absent, Councilman Gary Squires – absent.

 

Also present: Zoning Officer/Building Inspector Gil Albert, Highway Superintendent Don Ormsby Jr., Deputy Clerk Michelle Conover, Town Attorney William Reynolds and Thomas Drew.

 

Recognitions/Presentations/ Bid openings/ Public Hearings:

Supervisor Thomas Wood stated many of the Town’s residents have recently received  letters from solar farm companies, looking to build solar farms on 20+/- acre parcels.  The Town Board acknowledges that there is a need to study, review and plan for legislation for such farms.  Due to this, the Town Board wishes to pass Local Law # 3, 2016, to place a 6 month moratorium on the construction of solar farms.

Proof of Advertising having been provided, Supervisor Thomas Wood opened the Public Hearing for Local Law # 3, 2016, at 7:09 p.m., asking those wishing to speak to please state their name and address; no one spoke. 

A motion was made by Supervisor Thomas Wood and seconded by Councilman Michael McLoughlin to close the public hearing at 7:10 p.m.  Supervisor Thomas Wood - aye, Councilman Michael McLoughlin – aye, Councilman Charles Hanehan – aye, Councilman James Jennings – absent, Councilman Gary Squires - absent.

Carried 3 – 0.  

 

Local Law Filing                               NEW  YORK STATE DEPARTMENT OF STATE

                                                                                                                 41 STATE STREET, ALBANY, NY 12231

 

(Use this form to file a local law with the Secretary of State)

 

                Text of law should be given as amended.  Do not include matter being eliminated and do not use italics or

                underlining to indicate new matter.

 

                                Town of                                  Saratoga                                                

 

                        Local Law No.                        3          of the year 2016

 

           

            A local law to enact a temporary moratorium on construction of solar farms in

                               The Town of Saratoga.___________________________________
                               _____________________________________________________

                               _____________________________________________________

                               _____________________________________________________

 

            Be it enacted by the                  Town Board                                            of the                    

                                                           (Name of Legislative Body)

 

            SECTION 1 - Legislative Findings.

 

                        The Town of Saratoga is currently undertaking a study of the effects and suitability of establishing a land use regulatory scheme regarding construction of solar farms in the Town of Saratoga.  The Town Board is of the opinion that a period of time is needed in order to adequately review, study and plan for such a land us regulation.

 

            SECTION 2 - Moratorium.

 

                        There is enacted a temporary moratorium on the construction of solar farms, as defined below, in the Town of Saratoga.  This moratorium shall continue for a period of six months from the effective date of this local law.

 

            SECTION 3 – Definition.

 

                        For purposes of this temporary moratorium, a Solar Farm shall be defined as follows:

 

A solar farm is the use of land for an installation of solar energy collection apparatus that covers more than two acres of land.

 

            SECTION 4 – Effective Date.

 

                        This local law shall take effect immediately.

 

 

Approval of Minutes: A motion was made by Councilman Michael McLoughlin and seconded by Councilman Charles Hanehan to accept the minutes of the February 8th regular meeting as written.   Supervisor Thomas Wood - aye, Councilman Charles Hanehan – aye, Councilman Michael McLoughlin – aye, Councilman James Jennings – absent, Councilman Gary Squires – absent.  

Carried  3 – 0  

 

Town Clerk’s report for February 2016: Fees paid to the NYS Dept. of Agriculture and Markets for the Animal Population Control Program $70.00.  Fees paid to New York D.E.C. for hunting and fishing licenses $0.   Fees paid to the New York State Health Department for Marriage licenses $0.  Dog license fees to Supervisor Thomas Wood $305.00. Clerk fees to Supervisor Thomas Wood $163.50.  Total State and Local Revenues received were $538.50.

 

Zoning Officer’s report for February 2016: Gil Albert reported: 5 Building Permit, 15 Building Inspections, 5 Certificates of Occupancy, 0 Orders to Remedy, 0 Fire inspections, 0 Complaints, 8 Building Permit Renewals, 0 Property Maintenance Inspections, and 0 miscellaneous appointments.  A check for $1,897.50 was given to Supervisor Thomas Wood. 

 

Dog Control officer’s report for February 2016: The report was read by Supervisor Thomas Wood:  answered 11 complaints, took 0 dogs to the shelter, 0 bite cases, traveled 34 miles, issued 7 warnings and 1 summons was issued. 

 

Town Court report for February 2016: The following were closed: 46 Vehicle & Traffic, 13 Criminal/Penal Law, 2 DEC/ENCON, 1 Dog case, 0 DWIs, 0 Town & Village Ordinance, 0 Small Claims/Civil, 1 Eviction, 0 Bench trials, 0 (case transfer) Divestiture Forms sent to County Court, 2 Defendants sentenced to probation, 0 hours of community service issued, 0 days of jail time issued, 0 Orders of Protection issued, and $6220.00  in fees were paid to the NY State Comptroller.

 

Tax Collector’s report:  Supervisor Thomas Wood  read Tax Collector Marge Kirkpatrick’s report.  As of March 7th,  she has collected $2,875,186.76  (including penalties and notice fees) on 2700 parcels, which is 80% paid.  

 

Historian’s report:  February 2016 Historian’s Report

February was a quiet month in the Historian’s office.  He had 16 posts on his website with 82 visitors.  The focus was on a new exhibit on Baseball and Remembrances of the Battles.  He also had 2 inquiries in the office one of which was from Massachusetts. 

The following will take place during the month of March:

 

March 15, 2016: Genealogy Help Group – Schuylerville Public Library – 10:00 a.m.

 

March 19, 2016: Heritage Hunters – Town of Saratoga Town Hall – 1:00 p.m.

 

March 24, 2016: Old Saratoga Historical Association Meeting – Town of Saratoga

Town Hall Topic of discussion - Springs of Quaker Springs - 7:30 p.m.

 

Assessor’s report for January 2016: none

 

Highway Superintendent’s report:  February 2016

v  Tree trimming with truck 4, 9 and chipper

v  Using boom mower to cut back shrub brush

v  Addressed pot holes and washouts after a heavy rain storm

v  Maintenance on Cat Roller and Excavator is complete

v  Truck 4 was sent out for engine repairs to cooling system

v  Truck 2 had a wing cable replacement

v  General maintenance on all trucks

v  New truck 1 has been put in service

v  Plowed for 2 storms and sanded for 3

v  Watched 3 DVDs on chainsaw and tree trimming safety

 

 

 

 

Supervisor’s report:  

 

                         SUPERVISOR’S REPORT FEBRUARY 2016

 

                  GENERAL FUND – TOWNWIDE (A FUND)                                      

                  Balance on hand FEB. 1                 $    687,275.24

                  FEB. Revenues                               +    627,521.40

                  FEB. Disbursements                       -       89,443.25

                  Balance FEB. 29                             $ 1,225,353.39

                 

                  GENERAL FUND – OUTSIDE VILLAGE (B FUND)

                  Balance on hand FEB. 1                 $  1,471,517.24

                  FEB. Revenues                               +         4,525.57

                  FEB. Disbursements                        -         6,729.81              

                  Balance FEB. 29                             $  1,469,313.00

 

                  HIGHWAY FUND – OUTSIDE VILLAGE (DB FUND)

                  Balance on hand FEB. 1                  $  643,323.79

                  FEB. Revenues                                +    97,911.07

                  FEB. Disbursements                        -     58,143.73

                  Balance FEB. 29                             $   683,091.13

 

                  SCHUYLER PARK CAPITAL PROJECT FEB. 29       $ 151,265.19

 

YOUTH RECREATION & SERVICE  FEB. 29            $      2,821.63

                                                                             

HIGHWAY EQUIPMENT RESERVE  FEB. 29             $  102,994.98

 

                  BUILDING RESERVE  FEB. 29                                     $  204,711.40                                         

                        SCENIC BY WAYS GRANT  FEB. 29                         $           310.97     

 

                        PARK RESERVE  FEB. 29                                            $   101,956.55

 

                        FIRE PROTECTION FEB. 29                                        $                .06

 

                        TRUST & AGENCY  FEB. 29                                       $      50,764.98

 

                        MOBILE HOME GRANT  FEB. 29                              $      10,883.04

 

                        HOME IMPROVEMENT GRANT  FEB 29                 $     (33,014.96)

                        (holding checks until funds are deposited)

                                                                                                                                                                                               

                        CDBG GRANT  FEB. 29                                                $             15.36

 

                        HISTORIC HUDSON HOOSICK RIVER FEB. 29                              $    191,065.96

                        PARTNERSHIP

 

v  Sales Tax Received – February 2016 - $95,415.00

v  January 2016 Mortgage Tax - $7,382.50

           

Public comments on agenda items:  None

 

Committee reports:  No report.

           

Landfill:  No report.

 

Insurance:  No report.

  

Youth:  No report .

 

Senior Citizens:  Supervisor Thomas Wood read the following reports:

The Old Saratoga Seniors met on February 17th with 40 in attendance; guest entertainment was John Guay and Vonnie Estes.  A casserole luncheon was scheduled for March 2nd with Dave Penzer of Glens Falls National Bank as guest speaker. 

The following trips are planned:

March 23rd  - Turning Stone Casino

May 16th - Westin, VT

The Old Saratoga Seniors will be collecting canned goods and products for SAFER.

 

The Quaker Springs Seniors met on February 8th with 15 members in attendance; guest entertainment/speaker was Megan Stevens, Park Ranger of Saratoga National Park. 

They also met on March 14th.

 

Parks/Schuyler Park Committee: No report.

 

Office of Emergency Management: No report.

 

GSES, QSFD, SLPID/SLA Reports:

General Schuyler Emergency Squad:  February 2016 –36 total calls for the month, as follows:

Town of Saratoga                   10 calls

Town of Northumberland         9 calls

Schuylerville                           10 calls

Victory                                      2 calls

Mutual Aid-Wilton                   2 calls

Standby Wilton                         2 calls

ALS assist-Easton Greenwich  1 call

 

Quaker Springs Fire Department:  February 2016 – Total of 6 calls

 

Old business: 

 

New business:

On a motion made by Councilman Charles Hanehan and seconded by Councilman                 Michael McLoughlin, the following Resolution #16- 53 – Recognition of the United States Postal Service’s  Donation of the Hand Cancellation Stamps, was adopted by vote: Supervisor Thomas Wood - aye, Councilman Michael McLoughlin – aye, Councilman Charles Hanehan – aye, Councilman James Jennings – absent, Councilman Gary Squires – absent.

Carried  3 – 0.

WHEREAS, the United States Mint issued a Saratoga National Historic Park Quarter as a part of the American the Beautiful Quarter Series and

WHEREAS, the United States Postal Service issued special hand cancellation stamps used for both the Quarter Launch and America’s Beautiful National Parks Pictorial Events on November 17, 2015 and

WHEREAS, the hand cancellation stamps were used at the US Post Office in Schuylerville, NY and

WHEREAS, as required by law, the cancellation stamps were defaced 65 days following the official ceremony of November 17, 2015 and

WHEREAS, Schuylerville Postmistress Rachel E. Norton-Rowland, with the permission of USPS Albany District Retail Manager, Linda Moak, donated the defaced cancellation stamps to the Town of Saratoga and

WHEREAS, Postmistress Rachel E. Norton-Rowland also donated to the Town of Saratoga three framed, hand stamped Historic Postcards, hand stamped October 7, 1977 and also hand stamped with the Quarter Launch Hand Cancellation stamp of November 17, 2015, now therefore be it

RESOLVED that the Town of Saratoga recognizes and thanks Postmistress Rachel E. Norton-Rowland for her thoughtfulness and generous donation of these items to the Town of Saratoga, and be it further

RESOLVED, that these historic items will be permanently protected and placed in a locked display case at the Town of Saratoga Town Hall.

Carried

WHEREAS, the Town has been made aware of violations of the Town Code by Brian and Deborah Lux involving a use not permitted by the Town Zoning Ordinance on property located at 707 Route 4, and

            WHEREAS, the Zoning Officer has been unable to resolve this issue with Brian and Deborah Lux, it is now, therefore

            RESOLVED by the Town Board, of the Town of Saratoga, to authorize legal action by the Town Attorney in local court to enforce Town zoning compliance.

 

On a motion made by Councilman Michael McLoughlin and seconded by Councilman Charles Hanehan, the following Resolution #16- 54 – Recognition of Walter Grom’s Donation of a Limited Print, was adopted by vote: Supervisor Thomas Wood - aye, Councilman Michael McLoughlin – aye, Councilman Charles Hanehan – aye, Councilman James Jennings – absent, Councilman Gary Squires – absent.

Carried  3 – 0.

WHEREAS, the Bullard Building is a historic commercial building located in the Village of Schuylerville and

WHEREAS, the building is in the High Victorian Gothic style with a limestone foundation that was built in 1881 and

WHEREAS, the building was placed on the National Register of Historic Places in 2009 and

WHEREAS, the building has five storefront bays and originally housed the National Bank of Schuylerville and

WHEREAS, Walter Grom is the current Managing Partner of the building and

WHEREAS, Walter Grom has invested a great amount of time and money to restore the building and

WHEREAS, Walter Grom has hired Jacob Houston to paint a detailed picture of the restored building and

WHEREAS, Walter Grom has produced 25 copies of the original painting and

WHEREAS, Walter Grom has donated copy number 15 to the Town of Saratoga for permanent display in the Town Hall, now therefore be it

RESOLVED, that Walter Grom be recognized and thanked for his work in restoring the building and his donation to the Town of Saratoga of the beautiful colored print of the building

           

On a motion made by Councilman Michael McLoughlin and seconded by Councilman Charles Hanehan, the following Resolution #16- 55 – Local Law #3 of 2016 Solar Farm Moratorium, was adopted by vote: Supervisor Thomas Wood - aye, Councilman Michael McLoughlin – aye, Councilman Charles Hanehan – aye, Councilman James Jennings – absent, Councilman Gary Squires – absent. 

Carried  3 – 0.

WHEREAS, the Town Board of the Town of Saratoga acknowledges the need to place a temporary moratorium on solar farms for 6-months to adequately study, review and plan for legislation on solar farms, and

WHEREAS, a public hearing was held and input received from the townspeople, now therefore be it,

RESOLVED by the Town Board, of the Town of Saratoga, to adopt Local Law

 # 3 of 2016, placing a temporary moratorium on solar farms for six months, effective immediately. 

 

On a motion made by Councilman Charles Hanehan and seconded by Councilman                   Michael McLoughlin, the following Resolution #16- 56 – Appointing Christopher Koval as Alternate Member to the Planning Board, was adopted by vote: Supervisor Thomas Wood - aye, Councilman Michael McLoughlin – aye, Councilman Charles Hanehan – aye, Councilman James Jennings – absent, Councilman Gary Squires – absent.  Carried  3 – 0.

WHEREAS, there is a vacancy for an Alternate Member of the Planning Board; therefore be it

RESOLVED, that the Town Board of the Town of Saratoga appoints Christopher Koval as Alternate Member of the Planning Board for a seven year term from 03/14/2016 – 12/31/2023.

 

On a motion made by Councilman Michael McLoughlin and seconded by Councilman Charles Hanehan, the following Resolution #16- 57 – Authorizing Shared Services with the Town of Wilton, was adopted by vote: Supervisor Thomas Wood - aye, Councilman Michael McLoughlin – aye, Councilman Charles Hanehan – aye, Councilman James Jennings – absent, Councilman Gary Squires – absent. 

Carried  3 – 0.

WHEREAS, the Town Board of the Town of Saratoga has determined that it is in the best interest of the town to save tax dollars and share services with the Town of Wilton; therefore be it

            RESOLVED, that the Town of Saratoga Supervisor is authorized to sign an Inter-Municipal Shared Services Agreement with the Town of Wilton; and further be it

            RESOLVED, that the form of such agreement shall be subject to prior review and approval by the Attorney for the town.

 

On a motion made by Councilman Charles Hanehan and seconded by Councilman Michael McLoughlin, the following Resolution #16- 58 – Authorizing a Legal Services Agreement for the Town of Saratoga Planning Board, was adopted by vote: Supervisor Thomas Wood - aye, Councilman Michael McLoughlin – aye, Councilman Charles Hanehan – aye, Councilman James Jennings – absent, Councilman Gary Squires – absent.  Carried 3 – 0.

            WHEREAS, Counsel has been  requested by the Town of Saratoga to serve as Special Legal Counsel to assist the Town Planning Board in the review process for the Cedar Bluff Subdivision project, and

            WHEREAS, Counsel shall provide the Planning Board with legal services as requested by the Planning Board Chairman or other authorized personnel, and

            WHEREAS, Counsel shall be paid, by the Town, for its legal representation based on the amount of time spent in accordance with Counsel’s hourly rates of up to $190 per hour.  Counsel shall submit monthly invoices for payment by the Town accompanied by any voucher forms that the Town may require, and

            WHEREAS, Counsel shall maintain professional liability insurance at all times during the course of its representation of the Town, and

            WHEREAS, Counsel shall not discriminate against anyone on the basis of race, color, creed, gender or national origin and Counsel shall comply with all Federal, State and  local laws, rules and regulations, therefore be it

            RESOLVED, by the Town Board, of the Town of Saratoga, to authorize the agreement for legal services of Miller, Mannix, Schachner & Hafner, LLC for the duration of the Cedar Bluff Subdivision project.

 

On a motion made by Councilman Michael McLoughlin and seconded by Councilman  Charles Hanehan,  the following Resolution #16- 59 - Authorizing Legal Action –Zoning Violation, was adopted by vote: Supervisor Thomas Wood - aye, Councilman Michael McLoughlin – aye, Councilman Charles Hanehan – aye, Councilman James Jennings – absent, Councilman Gary Squires – absent. 

Carried 3 – 0.

WHEREAS, the Town has been made aware of violations of the Zoning Regulations of the Town of Saratoga by tenant Robin Gailor , 138 Minnie Bennett Rd., in regards to an illegal dog kennel on said property, owned by Robert Loomis; and

            WHEREAS, the Zoning Officer has been unable to resolve this issue with Robin Gailor and/or Mr. Loomis; it is now, therefore

            RESOLVED, by the Town Board of the Town of Saratoga to authorize legal action by Town Attorney William Reynolds to enforce the Town laws.   

 

On a motion made by Councilman  Charles Hanehan and seconded by Councilman Michael McLoughlin,  the following Resolution #16- 60 -  Authorizing Highway Superintendent Don Ormsby to advertise the sale of the Sterling Dump Truck, was adopted by vote: Supervisor Thomas Wood - aye, Councilman Michael McLoughlin – aye, Councilman Charles Hanehan – aye, Councilman James Jennings – absent, Councilman Gary Squires – absent. 

Carried  3 – 0.

WHEREAS, the Highway Superintendent Don Ormsby Jr. has requested to sell a 2005 Sterling LT9500 chassis, 14’ dump with plow wing and sand spreader, Eaton Fuller 10 speed transmission, C13 410 hp CAT engine with 80,500 miles; now therefore be it

            RESOLVED, that the Town Board authorizes Highway Superintendent Don Ormsby Jr. to advertise to sell the 2005 Sterling LT9500 chassis, 14’ dump with plow wing and sand spreader, Eaton Fuller 10 speed transmission and C13 410 hp CAT engine.

 

 

 

Privilege of the floor:  Doug Niles and Thomas Drew addressed the Board.

 

Upcoming meetings:

v  Agenda meeting – Thursday, April 7, 2016 at 7:00 p.m.

v  Regular town board meeting – Monday, April 11, 2016 at 7:00 p.m.  

 

Audit the Bills: On a motion by Councilman Charles Hanehan and seconded by Councilman Michael McLoughlin,  the following Resolution #16-61 - Approving the Payment of Bills in Abstract 3G, was adopted by vote: Supervisor Thomas Wood - aye, Councilman Charles Hanehan – aye, Councilman Michael McLoughlin – aye, Councilman James Jennings – absent, Councilman Gary Squires – absent. 

Carried 3 – 0.

RESOLVED, by the Town Board of the Town of Saratoga to authorize payment of the bills listed in Abstract #3G in the following amounts:

 

General Fund A                    Voucher No. 46 through 93                          $  27,029.04

General Fund B                    Voucher No. 11 through 16                          $    1,979.04  

Schuyler Park H                    Voucher No. 2 through 3                              $         79.24

Highway DB                          Voucher No. 25 through 49                          $106,379.61

CDBG                                    Voucher No. 15 through 24                          $  24,590.00   

HH                                          Voucher No. 2 through 3                              $       705.17

 

                                                                                             Grand Total     $160,762.10    

 

 

A motion to adjourn at 8:20 p.m. was made by Councilman Charles Hanehan and seconded by Councilman Michael McLoughlin.  Supervisor Thomas Wood - aye, Councilman Charles Hanehan – aye, Councilman Michael McLoughlin – aye, Councilman James Jennings – absent, Councilman Gary Squires – absent. 

Carried  3 - 0

 

 

Respectfully Submitted,

 

 

Linda A. McCabe

Town Clerk